HC Deb 02 November 1983 vol 47 cc870-1
35. Mr. Canavan

asked the Solicitor-General for Scotland what subjects he expects to discuss at his next meeting with the Scottish Law Commission.

The Solicitor-General for Scotland

My hon. Friend the Under-Secretary of State for Scotland responsible for home affairs and I visited the Scottish Law Commission two weeks ago. We had a lengthy and interesting discussion with the Commission, which covered all aspects of its current work, I shall continue to meet the Commission from time to time to discuss its work.

Mr. Canavan

Does the hon. and learned Gentleman recall his written reply before the summer recess to the effect that the Scottish Law Commission was giving top priority to the preparation of the report on the law of diligence, which would include recommendations on the future of warrant sales? What exactly does "top priority" mean, bearing in mind that the Commission has been dragging its feet on this matter for the best part of 12 years or more? When will the Government introduce legislation to abolish for ever the barbaric practice of warrant sales?

The Solicitor-General for Scotland

"Top priority" means exactly what it says. The Commission is actively engaged in this work. I think that the hon. Gentleman repeatedly underestimates the difficulty of the work that is involved. If it were merely a matter of abolishing warrant sales, that might be simply enough done. However, the hon. Gentleman and the Labour party are anxious to see that a proper arrangement is made for those who are unable to meet their debts. I am sure that he appreciates—his hon. Friend the Member for Glasgow, Garscadden (Mr. Dewar), who sits on the Opposition Front Bench, will certainly understand this—that this is a complicated matter and that it is a necessary part of the Commission's work.

Mr. MacKenzie

May I remind the hon. and learned Gentleman that in the early 1970s, with the support of the then Lord Advocate, I successfully introduced a Bill on warrant sales? I am bound to remind him, too, that I did so with little help from the Commission, which assured me that it was working hard on the subject and had gone far ahead with its exercise in diligence. We have been told this for about 12 years now. When the hon. and learned Gentleman next meets the chairman of the Commission, will he tell him that even the most patient of us find that our patience is wearing a trifle thin?

The Solicitor-General for Scotland

The right hon. Gentleman is known for his patience. If he reads what my right hon. and learned Friend the Lord Advocate has said, and what appeared in the Conservative party manifesto, he will appreciate that there is a clear recognition and understanding that the position of warrant sales needs to be altered. I can do nothing other than reiterate that this is an extremely complicated matter and that some of the problems over the payment of debts need to be resolved. If that is not done, what will be achieved will be exactly the opposite of what Labour Members want. It will mean the withdrawal of credit from those who need it most. The Scottish Council for Civil Liberties has understood that, even if Labour Members have not.

Mr. Ron Brown

When the hon. and learned Gentleman next meets the Commission, will he make it clear that he is opposed to the system which allows sheriffs to act as judge, jury and prosecution in Scottish courts? Does he agree that it is an absolute scandal?

The Solicitor-General for Scotland

I shall make that point to the Commission, but I shall not be able to explain what is meant by it.